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HomeMy WebLinkAbout2000-03-15 Conservation Commission Minutes Conservation Commission Minutes DPW Conference Room March 15, 2000 Members Present: Albert P Manzi, Chairman, Scott Masse,Vice Chairman, Deborah Feltovic, Beth Wescott, John Mabon,Joseph Lynch and James Demotses, Associate Robert Mansour was absent. Staff Present: Richelle L Martin, Conservation Administrator, Brian J LaGrasse, Conservation Associate and Germaine L Ouellette, Secretary The meeting was called to order at 7 p m Minutes: No minutes were accepted General Business: 242-857 Ratification to Enforcement Order Lot Al Concord St(Doug Ahern) On March 1", 2000 the NACC levied a fine in the amount of$100/day in accordance with Chapter 178 10 of the North Andover Wetlands Protection Bylaw and M G L C 40 S 21 D The NACC rightfully considered February 171h, 2000 as the initial date of the fine because it was the date that the NACC discovered several violations of the Order of Conditions. That letter stated that the fine would continue to accrue until all issues had been addressed to the satisfaction of the NACC On March 15`h° 2000 the NACC received correspondence from Jeffco Corp confirming that the DEP sign was now up and the wetland flags had been re-established Also on March 15`h, 2000 we received status reports in accordance with condition#31 of the Order of Conditions It was agreed upon that the pine trees that need to be planted would be planted in the spring The NACC also received the foundation As-Built on March 9th, 2000 However,the following items still remain outstanding. The work that was performed on this property does not conform to the Plan of Record dated 1/20/97. Several structures were constructed without prior approval namely two decks and two bulkheads On March 151h, 2000 staff from NACC conducted a compliance inspection and discovered a violation of the 50' No Construction Zone The inspection showed that the deck is only 48' from wetland flag #2 Inspection also showed that one of the bulkheads is only 46' from wetland flag 41 Both these structures violate the 50' No Construction Zone Motion was made by Joseph Lynch and seconded by Beth Wescott requiring applicant to bring property into compliance with the subject Order of Conditions within 30 days (by April 15, 2000) and that the $100/day fine runs until the NACC or Agent is satisfied The vote was unanimous 242-875 Ratification to Enforcement Order Stop& Shop (Minicucci) Joseph Lynch had reported to the Commission at our last meeting on March I"of the snow stockpiling in the wetlands at Stop & Shop This Enforcement Order was retroactive to February 25`h as approved at the last NACC meeting Brian LaGrasse, Conservation Agent went to the site on March 6`h and the snow bank had melted Since March 1 S`was the last day anyone could attest that the snowbank was still there,a motion was made by Beth Wescott which was seconded by Scott Masse to enforce the violation order for 6 days from February 25th to March I"for a total of$600 The vote was unanimous. Ratification to Enforcement Order 120 Holt Road The NACC has the Wetland Restoration Plan dated December 1, 1999 on file and approved this document with the following instructions Install trenched silt fence, remove existing haybales to prevent a berm from forming and schedule a pre-construction inspection with the Conservation Commission prior to commencing any work Complete the restoration work approved in the Restoration Report dated December 1, 1999 by no later than June 1, 2000 A Replication/Restoration As-Built plan prepared by a Registered Professional Land Surveyor must be submitted to the Conservation Commission within 30 days upon completion of the approved referenced work The plan shall include one-foot contours, spot elevations, surface area and plant locations Erosion control shall not be removed and shall remain intact until the area is fully stabilized as determined by the NACC or an Agent thereof during a post construction inspection A motion was made by Deborah Feltovic and seconded by Scott Masse to approve this Enforcement Order The vote was unanimous 242-482 COC Lot B Forest Street(Ralph Joyce) Per Brian LaGrasse this Order was issued on 11/29/88 authorizing the construction of a single family house, driveway, necessary grading and associated appurtenances within the Buffer Zone of a BVW No work was every performed,the Order of Conditions expired, a new NOI has been filed and a new Order of Conditions has been issued The new DEP# is 242-955 The bond is $2,000 There are no violations on site Beth Wescott made a motion to issue the COC and it was seconded by John Mabon The vote was unanimous 242-805 Bond Substitution/Lot 12 Sherwood Drive(Bill Barrett) The Order of Conditions was issued to Bill Barrett and he posted the original bond This lot has been sold to Robert Messina Robert has since posted another bond in his name and started house construction Brian LaGrasse recommended that the $3000 Bond be released A motion was made by Scott Masse and seconded by Deborah Feltovic to release this bond The vote was unanimous 242-920 Amendment to Order of Conditions Executive Quarters (Marchionda Associates) Brian LaGrasse presented and stated that this Order was issued on 10/8/98 authorizing construction of a 24,000 s f office building, utilities, storm water management structures and appurtenances within the buffer zone to a Bordering Vegetated Wetland (BVW) This amendment request moves the location of the building approximately 5 feet west and adds a thruway between the building and the wetlands on plans dated 1/21/00 The building is proposed 59' from the BVW A continuous retaining wall is proposed along the northern edge of the pavement area The wall will be between 5 and 5 '/2' high and 27' from the BVW Joseph Lynch stated that the snow storage question was debated at great length before and had no objections The new plan is 3 floors instead of 4 floors as shown on original plan making a difference in the northeast parking area A motion was made to grant the Amendment to Order of Conditions from plans dated on 1/21/00 by John Mabon and seconded by Deborah Feltovic The vote was unanimous 242-885 Modification Lot 1-Forestview Estates(Marchionda) Brian LaGrasse presented This Order was issued on 3/10/98 authorizing a 92 lot subdivision This amendment request changes the location and footprint of the house,the grading and the foundation elevation on plans dated 2/8/00 The top of the foundation is being raised up from 144 to 145 5 due to existing grades in the new location The limit of work is being increased by approximately 2,260 s f The 25 and 50' setbacks are still being met on the proposed plans The house/deck is 51' to the BVW at its closest point John Mabon thought the set backs looked a little close Brian advised that they had been moved back from the 25' zone New drawing needs to show inverts and same information as on the original drawing Joseph Lynch questioned the conduit pipe which needs to be more substantial i.e made of concrete Albert Manzi also wanted to know where the water, electric and cable service will be coming in from A motion was made to continue until the next meeting on April 5th, 2000 and was seconded by John Mabon. The vote was unanimous 242-885 Modification Lot 43 —Forestview Estates (Marchionda) This Order was issued on 3/10/98 authorizing a 92 lot subdivision per Brian LaGrasse This amendment request changes the location and footprint of the house on plans dated 2/8/00 The grading and elevations are relatively the same The limit of work is being increased by approximately 1,150 s f The 25 and 50' setbacks are still being met on the proposed plans The house is 51' to the BVW at its closest point CC requested a color copy of plans which were provided The Commission needs to know where the conduit work will go Albert Manzi also needs to see if they'll be pedestals in front of the homes John Mabon requested that the applicant needs to tell the CC when the electricity is brought into the subdivision Joseph Lynch stated the Plans need to be re-drafted as the drawing is too busy Drawing needs to be unique in type and different in weight and needs to be differentiated more It also needs to show where utilities will be put A motion to continue to April 5th was made by Deborah Feltovic and seconded by Joseph Lynch The vote was unanimous 242-898 Amendment to Order of Conditions Lot 4/5 Willow St Extension& Flagship Dr Brian LaGrasse stated that this Order was issued on 5/7/99 authorizing a 32,220 s.f. commercial building and amended on 10/6/99 authorizing the addition of a second floor and a decrease in impervious surface The current plan of record is dated 9/29/99 The Commission also wanted the transformer curbed in and the containment area able to hold twice the fluid capacity This amendment request changes the location of the transformer pad to the other side of the 1Ox10 trash enclosure on plans dated REV 3/7/00 The Electric Company had to move the transformer pad and it fell into the "no build zone" so it had to be moved and is now 54' away NEES provided a detailed sheet for them A motion was made by Joseph Lynch and seconded by Deborah Feltovic to approve the amendment and accept plans dated 3/7/00 as the new Plan of Record The vote was unanimous 242-829 Amendment to Order of Conditions-Holt Rd Landfill (DEP) This Order was issued on 10/17/96 authorizing Phase I and II closure of the Holt Road Landfill The Order was extended through 10/17/00 This amendment request is intended to stabilize the detention ponds eastern embankment, adjacent to Creek Brook This will include regrading of the embankment to a 2 1 ratio, incorporation of stream bank erosion protection with erosion control matting and rip rap along the western edge of the stream bank and with willow trees planted up slope to stabilize the upper embankment Adding a standpipe and connecting pipe to dram down the pond, gabion sill blocks to dissipate the waters outflow energy, adding an emergency spillway and raising the embankment of the detention basin 2 feet. The amendment has no effect on the current operation or capacity The Amendment alters approximately 4,383 s f of BVW including 270 linear feet of bank Dave Murphy presented and is the owner of the facility He stated there is instability of the berm due to erosion DEP halted covering up of Creek Brook The erosion is far greater than they anticipated However banks along the brook do have some vegetation growing Joseph Lynch felt there needed to be a review done by our own Consultant Albert Manzi posed the question if there needs to be rip rap along the bank to control erosion in the future? Under the old By-Laws to be treated as an Amendment, it needs to be reviewed how it will be constructed and how it will be maintained. The original berm is still intact but the stream is encroaching on the berm due to natural erosion If changes to design are requested it could run another$150,000 plus or minus Mr Murphy stated they have already spent $40,000 on design changes The design is intended to be a permanent fix for the next 50 to 100 years Scott Masse moved to reject it as a Major Amendment and to change it to a Moderately sized Amendment according to Section 8C of the N A Regs Revised in 1993 This was seconded by Joseph Lynch and the vote was unanimous A second proposal was made by Scott Masse and seconded by Joseph Lynch to re-open the Public Hearing and this was unanimous The third proposal was to establish an escrow account for the purpose of a 3`d party review of hydraulic calculations This motion was made by Scott Masse and seconded by Deborah Feltovic. The vote was unanimous A fourth proposal to establish an Escrow account of$3,000 if a Tabletop Review by the State from scratch is done was made by Scott Masse and seconded by Deborah Feltovic The vote was unanimous The final motion was proposed by Scott Masse and seconded by Deborah Feltovic to continue this Amendment to the April 5th, 2000 meeting The vote was unanimous Public Hearings (8:30 p.m.) Request for Determination of Applicability 16 Woodberry Lane (N E Engineering Services) Ben Osgood, Jr of N E Engineering Services did the presentation This RDA is for a single family home connection to municipal sewer This will be a gravity sewer from Marbleridge Road to 75' into Woodberry Lane. The existing septic tank will now be used as a pump chamber Richelle Martin did not have an issue with the limit of work being 52' from the BVW Scott Masse moved to issue a negative Determination of Applicability and it was seconded by Deborah Feltovic The vote was unanimous Abbreviated Notice of Resource Area Delineation 242-1001 Greene Street Wetland Confirmation(cont from 3/1/00) Joseph Lynch recused himself from this hearing Richelle Martin sent a letter to Jim Bolduc of the Wetlands Preservation recommending that they request a continuance to the April 5th, 2000 agenda due to several issues not completed. John Mabon moved to continue to April 5th and the motion was seconded by Deborah Feltovic The vote was unanimous 242-999 Kenwood Street&Mass Ave (Richmond Realty Trust)(cont fr 3/l/00) Joseph Lynch recused himself from this hearing also Richelle Martin had also sent Jim Bolduc of the Wetlands Preservation a letter recommending that they request a continuance to the April 5Ih, 2000 agenda due to several issues including not receiving a DEP#as yet John Mabon moved to continue to April 5ch and the motion was seconded by Deborah Feltovic The vote was unanimous Notice of Intent(s) 242-996 1812 Turnpike Street(The Equestrian Shop)(Allen& Malor)(cont fr 2/2/00) Richelle Martin informed the Conservation Commission that the applicant had requested a continuance in writing and was present to verbally request such Renotification of abutters had been done This is being held up for soil testing of test pits That season just began on March lst, 2000 Joseph Lynch made a motion to continue until April 5`h, 2000 and this was seconded by Beth Wescott The vote was unanimous 242-999 1679 Osgood Street(Richard Kelly)(Kaminski & Assocs)(cont fr 2/16/00) Mr Richard Kaminski has requested a continuance in writing and was at the meeting to ask the Commission to continue this project to the next meeting on April 5`h, 2000 The motion to continue was made by Scott Masse and seconded by John Mabon The vote was unanimous 242-998 Sewer Line—Harkaway Rd and Osgood St(Guertin& Assoc)(cont fr 3/l/00) This was continued from our last meeting on 3/l/00 Richelle Martin had requested additional information/language be incorporated into their Construction Schedule and they have revised the document and submitted the revisions in accordance with the Bylaw. There are no outstanding issues A motion was made by Scott Masse to close the public hearing and come to a conclusion in 21 days This motion was seconded by Beth Westcott. The vote was unammous 242-1003 Eagle Tribune (VHB) Several abutters were present for this public hearing and the check list of abutters was corroborated Bill Lucie and Dana Schultz from Eagle Tribune were present Richelle Martin had sent a letter to Eagle Tribune regarding the building expansion the Eagle Tribune plans on doing listing all requirements that need to be met Joseph Lynch stated that this project needed an independent 3`d party review Scott Masse wanted to know if VHB is under contract with the Town of North Andover It was made known that VHB, has ongoing contracts with Eagle Tribune and the Planning and Zoning Boards in North Andover but not with the Conservation Commission It was brought up that there may be a conflict of interest between the Town and the Eagle Tribune Albert Manzi stated that the Conservation Commission tries not to be a litigious board No discussion from either the abutters or the Commission was allowed at this meeting Three motions were made and they were First to move to continue the Public Hearing to April 51h, 2000 The second was that we need copy of contract between Town of North Andover and VHB The third was to contact the State Ethics Commission to see if there would be a conflict of interest on this project A motion was made by Scott Masse to continue this project to April 51h, 2000 and was seconded by Deborah Feltovic The vote was unanimous Decisions: 242-1000 173 Coachman Lane(Richard Issenberg)(Hancock Env)(cont fr 3/1/00) This was continued from our last meeting on March 1", 2000 All revisions have been complied with and a motion was made by Joseph Lynch to accept the order of conditions as amended and seconded by Beth Wescott The vote was unanimous. 242-995 Great Pond Rd(Irrigation Consultants)(cont fr 3/l/00) Richelle Martin presented and informed Commission that all conditions had been met A motion to accept the order of conditions as amended was made by Scott Masse and seconded by Deborah Feltovic The vote was unanimous Discussion of Brunette Case: Albert Manzi brought up this case due to an Order To Show Cause dated March 8`h, 2000 Richelle Martin informed the Commission she had forwarded all information to Tom Urbelis and was told by Tom that she didn't have to go to the prehearmg conference on March 7th and not to worry that Tom would take care of it The Board of Selectmen received a letter from Tom Urbelis dated March 151h stating that in accordance with former Town Manager's memo dated February 20, 2000 he would not respond to this Show Cause Order unless advised otherwise The Conservation Commission suggested Richelle Martin send a letter to Tom Urbelis and also to DEP with a copy to Keith Mitchell and include a cover letter to Keith Mitchell making reference to Tom Urbelis about default on agreement on this case to establish a record for our office. This was unanimously agreed upon Joseph Lynch made a motion to adjourn the meeting at 9 30 p m and it was seconded by Deborah Feltovic The motion was unanimous